Terms & Conditions

In these terms and conditions:

a. Auction means a public auction sale of a lot;

b. Lot means the item or set of items of movable property sold by auction under one number;

c. Bidder means anyone making a bid at the auction;

d. Bid means the price offered by a bidder for a lot offered for sale at the auction;

e. Buyer means the bidder to whom a lot is knocked down;

f. Consignor means the person who has consigned the lot to HHA for auction;

g. Knock-down means the statement by the auctioneer that a bid is accepted, as a result of which a contract of sale and purchase is concluded between the consignor and the buyer;

h. Hammer price means the price at which the auctioneer knocks down a lot to the buyer;

i. Purchase price means the hammer price plus buyer's premium (including VAT) and, where appropriate, any resale royalty.

ARTICLE 1

Each bid shall be unconditional and irrevocable. Anyone making a bid at an auction shall be deemed to be a bidder, even if the individual in question declares that he has not made a bid on his behalf. If a buyer has made a bid on behalf and at the expense and risk of one or more third parties, such third party/parties and the buyer shall be jointly and severally liable for the fulfillment of the obligations incumbent upon the buyer under these auction terms and conditions.

ARTICLE 2

HHA shall have the right to change the order in which the lots are sold, to combine or divide lots, to withdraw one or more lots, and to furnish additional or different information on the lots at the auction. And shall have no liability whatsoever for such withdrawal. The auctioneer shall determine the bid increments; a new bid shall automatically increase the standing bid by the applicable bid increment. The auctioneer shall have the right to refuse a bid without giving reasons, and to continue the bidding process. The auctioneer shall have the right to make bids on behalf of prospective buyers who are not at the auction. The auctioneer's decision made at the auction regarding any occurrence during the auction and regarding the interpretation or application of the auction terms and conditions shall, by way of a binding opinion, be absolute and final.

ARTICLE 3

The lot shall be transferred to the buyer or the buyer's representative after HHA has received the purchase price. The purchase price must be paid to HHA within 15 days of the auction, failing which the buyer shall be required to pay the costs of transport, storage, and insurance, plus interest at the rate of statutory interest. Such interest shall be calculated from the date of the auction until the date of payment in full. HHA shall have the right to put items that have been sold but not yet collected into storage at the buyer's expense after 30 days. If the buyer has not paid the (full) purchase price within thirty 30 days of the auction date, the buyer shall be in default and HHA shall have the right to take immediate action to recover the outstanding debt, or to consider the contract of sale and purchase canceled and to sell the lot by auction or private treaty. A defaulting buyer shall be liable for any loss or damage sustained by HHA as a result of a cancellation and sale as referred to above and shall not be entitled to any surplus arising from such sales. Any costs reasonably incurred by HHA in connection with the non-fulfillment by the buyer of any obligation arising from these terms and conditions shall be payable by the buyer.

ARTICLE 4

By the margin scheme, VAT is charged only on the premium and any other charges. The purchase price referred to in these terms and conditions includes VAT on the premium. Buyers entitled to opt for the application of the margin scheme may request that VAT also be charged on the hammer price. The hammer price of lots imported for auction from outside the European Union is always subject to VAT; the lots in question are marked in the auction catalog with an asterisk (*).

ARTICLE 5

A lot shall be sold and title thereto shall pass to the buyer in the condition in which the lot is at the time of knock-down. The lot shall be entirely at the buyer's expense and risk from the time of knockdown.

ARTICLE 6

Our description of any lot, any condition report, and any other statement made by us (whether orally or in writing) about any lot, including its nature or condition, artist, period, materials, approximate dimensions, or provenance are our opinion and not to be relied on as a statement of fact. We do not carry out in-depth research of the sort carried out by professional historians and scholars. All dimensions and weights are approximate only.

ARTICLE 7

The condition of lots can vary widely due to factors such as age, previous damage, restoration, repair, wear and tear. Their nature means that they will rarely be in perfect condition. Lots are sold "as is", in the condition they are in at the time of the sale, without any representation or warranty or assumption of liability of any kind as to condition by HHA or by the seller.

ARTICLE 8

Any reference to condition in the Sale Particulars or in a condition report will not amount to a full description of the condition, and images may not show the condition of a lot clearly. Colors and shades may look different on the screen to how they look on physical inspection. Condition reports may be available to help you evaluate the condition of a lot. Condition reports are provided free of charge as a convenience to our buyers and are for guidance only. They offer our opinion but they may not refer to all faults, inherent defects, restoration, alteration or adaptation because our staff are not professional restorers or conservators. For that reason, they are not an alternative to taking your professional advice. It is your responsibility to ensure that you have requested, received, and considered any condition report.

ARTICLE 9

HHA discretion about bidding / purchasing

(a) HHA reserves the right, in our absolute discretion: (i) to reject your registration to bid; (ii) to reject, revoke, or refuse to accept any bid (even those that has been previously accepted); (iii) to withdraw or divide any lot or combine any two or more lots; (iv) whether during or after the sale, to restart or continue the bidding even if the bidding has finished; (v) to re-offer the lot as a new lot at a fixed price; (vi) in the case of error or dispute and whether during or after the sale, to continue the bidding, determine the successful bidder, cancel the sale of the lot, or re-offer and re-sell any lot. If any dispute relating to bidding arises during or after the sale, HHA's decision in the exercise of this option is final.

(b) HHA reserves the right to disable or deactivate your account at any time during the sale if we reasonably consider that there is abuse of the system, fraudulent activity, or another reasonable reason.

ARTICLE 10

Seller's Warranties

(a) For each lot, the seller gives a warranty that the seller: (i) Is the owner of the lot or a joint owner of the lot acting with the permission of the other co-owners or, if the seller is not the owner or joint-owner of the lot, has the permission of the owner to sell the lot, or the right to do so in law. (ii) has the right to transfer ownership of the lot to the buyer without any restrictions or claims by anyone else.

(b) If either of the above warranties are incorrect, the seller shall not have to pay more than the purchase price paid by you to us. The seller will not be responsible to you for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs other damages or expenses. The seller gives no warranty about any lot other than as set out above and, as far as the seller is allowed by law, all warranties from the seller to you, and all other obligations upon the seller which may be added to these Conditions of Sale by law, are excluded.

ARTICLE 11

HHA Authenticity Warranty

We warrant that subject to the terms below, the lots in our sales are authentic (our "authenticity warranty"). If, within seven (7) days of the date of the sale, you give us notice that your lot is not authentic, subject to the terms below, we will refund the purchase price paid by you. The meaning of authentic can be found in the Glossary at the end of these Conditions of Sale. The terms of the authenticity warranty are as follows: (i) It will be honored for claims notified within seven (7) days from the date of the sale. After such time, we will not be obligated to honor the authenticity warranty. (ii) It is given only for the information shown in UPPERCASE type in the first line of the lot description (the "Heading"). It does not apply to any information other than in the Heading even if shown in UPPERCASE type. (iii) The authenticity warranty does not apply to any heading or part of a Heading that is Qualified. Qualified means limited by a clarification in a lot of description or by the use in a heading of one of the terms listed in the section titled Qualified Headings in the "Important Notices and Explanation of Cataloging Practice" forming part of these Conditions of Sale. For example, the use of the term "ATTRIBUTED TO…" in a Heading means that the lot is in HHA's opinion probably a work by the named artist but no warranty is provided that the lot is the work of the named artist. Please read the full list of Qualified Headings and the full lot description before bidding on a lot. (iv) The authenticity warranty applies to the Heading as amended by any notice given to you during a sale. (v) The authenticity warranty does not apply where scholarship has developed since the auction leading to a change in generally accepted opinion. Further, it does not apply if the Heading either matched the generally accepted opinion of experts at the date of the sale or drew attention to any conflict of opinion. (vi) The authenticity warranty does not apply if the lot can only be shown not to be authentic by a scientific process which, on the date we published the Sale Particulars, was not available or generally accepted for use, or which was unreasonably expensive or impractical, or which was likely to have damaged the lot. (vii) The benefit of the authenticity warranty is only available to the original buyer shown on the invoice for the lot issued at the time of the sale and only if on the date of the notice of claim, the original buyer is the full owner of the lot and the lot is free from any claim, interest or restriction by anyone else. The benefit of this authenticity warranty may not be transferred to anyone else.

ARTICLE 12

To claim under the authenticity warranty, you must: (i) Give us written notice of your claim within seven (7) days of the date of the auction. We may require full supporting evidence of any claim; (ii) at the HHA's option, we may require you to obtain the written opinions of two recognized experts in the field of the lot mutually agreed upon by you and us in advance confirming that the lot is not authentic. If we have any doubts, we reserve the right to obtain additional opinions at our expense; (iii) return the lot at your expense to the place from where it was shipped to you in the condition it was in at the time of sale.

ARTICLE 13

Your only right under this authenticity warranty is to cancel the sale and receive a refund of the purchase price paid by you to us. We will not, in any circumstances, be required to pay you more than the purchase price nor will we be liable for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, other damages or expenses.

ARTICLE 14

South East Asian Modern and Contemporary Art and Chinese Calligraphy and Painting and Japanese Calligraphy and Painting. In these categories, the authenticity warranty does not apply because current scholarship does not permit the making of definitive statements. HHA does, however, agree to cancel a sale in either of these two categories of art where it has been proven the lot is a forgery. HHA will refund to the original buyer the purchase price by the terms of the HHA authenticity warranty, provided that the original buyer notifies us with full supporting evidence documenting the forgery claim within seven (7) days of the date of the auction. Such evidence must be satisfactory to us that the lot is a forgery following paragraph ARTICLE 12 (ii) above and the lot must be returned to us by ARTICLE 12 (iii) above. Paragraphs ARTICLE 11, ARTICLE 12, and ARTICLE 13 also apply to a claim under these categories.

ARTICLE 15

Your Warranties

(a) You warrant that the funds used for settlement are not connected with any criminal activity, including tax evasion, and you are neither under investigation, nor have you been charged with or convicted of money laundering, terrorist activities, or other crimes.

(b) Where you are bidding as an agent on behalf of any ultimate buyer(s) who will put you in funds before you pay HHA for the lot(s) , you warrant that: (i) You have conducted appropriate customer due diligence on the ultimate buyer(s) and have complied with all applicable anti-money laundering, counter-terrorist financing and sanctions laws; (ii) you will disclose to us the identity of the ultimate buyer(s) (including any officers and beneficial owner(s) of the ultimate buyer(s) and any persons acting on its behalf) and on our request, provide documents to verify their identity; (iii)the arrangements between you and the ultimate buyer(s) about the lot or otherwise do not, in whole or in part, facilitate tax crimes; (iv) you do not know and have no reason to suspect that the ultimate buyer(s) (or its officers, beneficial owners or any persons acting on its behalf) are on a sanctions list, are under investigation for, charged with or convicted of money laundering, terrorist activities, other crimes, or that the funds used for settlement are connected with the proceeds of any criminal activity, including tax evasion; and (v) where you are a regulated person who is supervised for anti-money laundering purposes under the laws of the EEA or another jurisdiction with requirements equivalent to the EU 4th Money Laundering Directive, and we do not request documents to verify the ultimate buyer's identity at the time of registration, you consent to us relying on your due diligence on the ultimate buyer, and will retain their identification and verification documents for not less than 5 years from the date of the transaction. You will make such documentation available for immediate inspection on our request.

ARTICLE 16

Disclaimer of Additional Warranties

(a) To the fullest extent permissible under applicable law, HHA and the seller disclaim and exclude any other warranties of any kind relating to the lots and the online-only service, whether express or implied by statute or common law or otherwise. This disclaimer and exclusion does not affect your statutory rights as a consumer, nor your rights under the warranties in paragraphs ARTICLE 10 to ARTICLE 14.

(b) We are not responsible to you for any reason (whether for breaking these Conditions of Sale or any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Conditions of Sale.

(c) We are not responsible to you for any reason to give any representation, warranty, guarantee, or assume any liability of any kind in respect of any lot about merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local law, any warranty of any kind is excluded by this paragraph.

(d) We have no responsibility to any person other than a buyer in connection with the purchase of any lot.

(e) If, despite the terms in ARTICLE 16 (a) to (d), we are found to be liable to you for any reason, we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for any other damages or expenses.

ARTICLE 17

Our Liability to you

(a) We give no warranty with any statement made, or information given, by us or by our representatives or employees about any lot other than as set out in the authenticity warranty and as far as we are allowed by law, all warranties and other terms which may be added to these Conditions of Sale by law are excluded. The seller's warranties in paragraph ARTICLE 10 or about any terms which are implied into contracts by law are their own and we do not have any liability to you with those warranties.

(b) We: (i) are not responsible to you for any reason (whether for breaking these Conditions of Sale or any other matter relating to your purchase of, or bid for, any lot) other than in the event of fraud or fraudulent misrepresentation by us or other than as expressly set out in these Conditions of Sale; or (ii) do not give any representation, warranty or guarantee or assume any liability of any kind in respect of any lot concerning merchantability, fitness for a particular purpose, description, size, quality, condition, attribution, authenticity, rarity, importance, medium, provenance, exhibition history, literature, or historical relevance. Except as required by local law, any warranty of any kind is excluded by this paragraph.

(c) Please be aware that our absentee bidding service, condition reports, and currency converter are free services and we are not responsible to you for any error (human or otherwise), omission or breakdown in these services.

(d) We have no responsibility to any person other than a buyer in connection with the purchase of any lot.

(e) If despite the terms in paragraphs (a) to (d) above, we are found to be liable to you for any reason, we shall not have to pay more than the purchase price paid by you to us. We will not be responsible to you for any reason for loss of profits or business, expected savings, loss of opportunity or interest, costs, or other damages.

ARTICLE 18

Events outside the control of HHA or the Seller

Neither we, you, nor the seller will be responsible for any failure to meet any obligation which we, you or the seller has under these Conditions of Sale or under the Sale Particulars which is caused by circumstances beyond our, your, or the seller's reasonable control. This includes, but is not limited to strikes, lock-outs, fire, flood, natural disasters, war, armed conflict, terrorist attacks, nuclear and chemical contamination.

ARTICLE 19

We own the copyright in all images, illustrations, and written material produced by or for us relating to a lot (including the contents of our Sale Particulars). You cannot use them without our prior written permission. We do not offer any guarantee that you will gain any copyright or other reproduction rights to the lot.

ARTICLE 20

Enforcing these Conditions of Sale

If a court finds that any part of these Conditions of Sale is not valid, or is illegal or impossible to enforce, that part of these Conditions of Sale will be treated as being deleted, and the rest of these Conditions of Sale will not be affected.

ARTICLE 21

Transferring your Rights and Responsibilities

You may not grant security over or transfer your rights or responsibilities under these Conditions of Sale on the contract of sale unless we have given our written permission. These Conditions of Sale will be binding on your successors, estate, and anyone who takes over your rights and responsibilities.

ARTICLE 22

Personal Information, Privacy, and Data Protection

(a) We will hold and process your personal information, and in line with our privacy notice:

(b) To get your purchase shipped internationally to you, we provide certain personal information about you to our nominated shippers, including your name, delivery address, phone number, the product(s) you buy from HHA, the price you pay for the lot(s), and the weight and dimensions of the package. Our shippers will treat this information as private and confidential and will only use it to provide international shipping and any customs clearance services you request from them to deliver your lots to you. Information about the packages being shipped to you will be provided to the necessary authorities for purposes of export, import, duty, tax, and security screening. The information may include your name, delivery address, description of the goods, their value, the number of pieces, and the weight of the package. This information is required by law and regulations applicable in the countries from where and to where packages are transported. Our shipping partners are committed to responsible data management, comply with applicable data protection legislation, and employ industry standard practices to protect the security of your data, which may be stored and processed in the UK, the US, and other countries.

(c) Card and other payment information is collected and processed directly by a third-party service provider ("Payment Service Provider") and not by HHA. We provide the following information to the Payment Service Provider to enable payment to be processed: (i) name; (ii) billing address; and (iii) transaction amount. The Payment Service Provider may undertake fraud prevention reviews before processing any payment or as part of the payment process. Payment specific information which is submitted to the Payment Service Provider is processed on PCI compliant secure servers.

The information submitted and used for processing payments is as below:

- Name and contact details including shipping and billing addresses

- Credit or Debit Card information

- Total transaction value

- Your IP Address from which you are checking out from

(d) HHA does not have access to, or retain any credit card or other payment information details.

ARTICLE 23

Law and Disputes

These Conditions of Sale, and any contractual or non-contractual dispute arising out of or in connection with these Conditions of Sale will be governed by the laws of the Netherlands except its conflicts of law provisions. The Vienna Convention on International Sale of Goods 1980 (CISG) is excluded. Before either you or we start any court proceedings and if you and we agree, you and we will try to settle the dispute by mediation following the Mediation Rules of the Netherlands Mediation Institute. If the dispute is not settled by mediation you agree for our benefit that the dispute will be referred to and dealt with exclusively in the courts of Haarlem, save that a buyer who is a natural person and who is not acting in pursuance of a profession shall have the right, within 32 days after HHA has invoked this clause against him in writing, to choose to have the dispute adjudicated by the court that has jurisdiction by law. We will have the right to bring proceedings against you in any competent court.

ARTICLE 24

The legal relationship between the buyer(s) and HHA shall be governed by the laws of the Netherlands. In the event of a conflict or inconsistency between the Dutch text and any translation of these terms and conditions or the auction catalog, the Dutch text shall prevail.

Charge & Taxes

The purchase price is the hammer amount plus a surcharge for premium and VAT and, if applicable, with resale rights owed. Depending on the height of the hammer amount, the buyer will be charged as follows:

Up to € 200,000	30%
From € 200,001	25%

Purchased goods must be paid within 15 days, failing which the buyer shall be required to pay the costs of transport, storage, and insurance, plus interest at the rate of statutory interest. You can also pay on-site by PIN or credit card. We are unfortunately forced to pass on additional costs for the use of credit cards. HHA shall have the right to put items that have been sold but not yet collected into storage at the buyer's expense after 30 days.